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Injury in the line of duty

Injury in the line of duty
Matter of Stymiloski v DiNapoli, 2009 NY Slip Op 05675, Decided on July 2, 2009, Appellate Division, Third Department

Paul A. Stymiloski, a police officer employed by the Village of Ossining in Westchester County, was engaged in a routine patrol at 6:00 A.M. on December 20, 2005 when he observed that a vehicle parked near the entrance of a 24-hour pharmacy was on fire.

After fire department personnel arrived and the fire was fully extinguished, Stymiloski, and two firefighters ? at the direction of the fire chief who feared that the fire might reignite ? began pushing the vehicle even farther away from the building and Stymiloski fell on ice that had formed as a result of the fire department's use of water to put out the fire. As a result of his fall, Stymiloski suffered an injury to his left shoulder and filed applications for accidental disability and performance of duty disability retirement benefits.

Awarded performance of duty disability retirement benefits, Stymiloski?s application for accidental disability retirement benefits was denied on the grounds that he had not sustain an accident within the meaning of Retirement and Social Security Law §363.

In CPLR Article 78 proceeding challenging the Retirement System?s rejection of his Stymiloski?s application for accidental disability retirement benefits, the Appellate Division sustained the Retirement System?s determination.

The court, noting that a claimant bears the burden of proving entitlement to accidental disability retirement benefits and System's determination will be upheld if it is supported by substantial evidence.

In this instance, said the court, Stymiloski told the Retirement System?s Hearing Officer that both moving the car and following the direction of a fire chief at the scene of a fire were within the realm of his normal responsibilities as a police officer. He also testified that when the incident occurred it was approximately 19 degrees outside and he witnessed the fire department douse the fire with water.

Under such circumstances, said the court, ?we perceive no basis to disturb [Retirement System?s] conclusion that Stymiloski 's injury resulted "from an expected or foreseeable event arising during the performance of routine employment duties," and thus does not demonstrate eligibility for an award of benefits based upon RSSL §363.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_05675.htm

Full post as published by New York Public Personnel Law on July 08, 2009 (boomark / email).